quodos Digital Gift Card Terms and Conditions

Chumly Giftcard Solutions Ltd (“CGS”, "us", "we", or "our") operates the  https://quodos.com website and the ‘quodos’ digital gift card program (the "Service"). (Version 0.1 - published 31/08/2022)

These terms and conditions ("User Terms") apply to your visit to and your use of our website at the https://quodos.com/ Website, the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application. For the purposes of these User Terms, the term “User” means a person who accesses or uses the Website, Service or Application.

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

Introduction

The quodos Digital Gift Card provided as part of the Service is available in euro (€) only. The Card is not a credit card or a charge card; nor is it a debit card linked to a current account. It is a prepaid card which means that money must be loaded onto the Card at the time of purchase. The Card is issued by EML Payments (EU) Limited (Company Number 560902) under a distribution agreement between EML Payments (EU) and us and is subject to these terms and conditions.

Certain limits apply to the Card. A maximum value of €150 may be loaded onto the Card at any time; the minimum load value is €5. Only full €1 amounts (or multiples thereof) may be loaded onto the Card. Additional amounts may be loaded onto the Card at any time. Interest will not be payable in respect of Card balances.

You have to be 16 years of age or older to use the Website, Service or Application and the Website, Service and the Application are intended solely for persons who are aged 16 or older. Any access to or use of the Website, Service or the Application by anyone under 16 is expressly prohibited. By accessing or using the Website, Application or Service you represent and warrant that you are 16 or older. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorised to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

You may only access the Service using authorised means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.

1. Definitions

“Agreement” or “User Terms” means the agreement between you and us, which includes these terms and conditions.

“Business Day” means any day from Monday to Friday excluding Irish bank or public holidays.

“Card” “quodos card” or “Quodos Digital Gift Card” means a digital prepaid card denominated in euro, or any replacement card which we issue to you from time to time, in each case held on a Device.

“Card Account” means the e-money account linked to a Card registered against individual Card holder.

“Card Transaction” means any transaction whereby the Card is used as payment for goods and/or services at Participating Retailers.

“Device” means a mobile, tablet or computer device on which the Card is held;

“quodos”, “Chumly Giftcard Solutions Ltd”, “GCS” “We” (or “we”) or “us” means Chumly Giftcard Solutions Ltd whose registered office is at Liviana, Porterstown Road, Castleknock, Dublin D15R2W1 and any business or other person to whom any or all of our rights and responsibilities under this Agreement may be transferred or delegated. The ‘quodos’ Digital Gift Card is issued by EML Payments Limited. EML Payments Limited is regulated by the Central Bank of Ireland.

“Participating Retailer” means a supplier of goods and/or services in Ireland which has agreed to accept the Card as payment for goods and/or services. A list of participating retailers can be found on the quodos website.

“Programme Partner” means a corporate body or organisation that purchased the Quodos Digital Gift Card.

“Tokenization” is the process of substituting a sensitive data element with a non-sensitive equivalent, referred to as a token, that has no extrinsic or exploitable meaning or value. The Quodos Digital Gift Card uses tokenisation when processing mobile based payments with card data represented by a token to ensure security of transactions.

“Valid Thru” means the period within which the Card is operational and ends on the Valid Thru date (a replacement Card will be required to use any funds remaining on the Card after this date).

“Webapp” means the web application site where you buy and receive your Card on.

“quodos app” or “app” or “Application” means the quodos digital gift card application that is loaded onto you mobile phone, tablet or other electronic device

“Website” means the Quodos website www.quodos.com

“You” (or “you”) and “Your” (or “your”) means the person who purchased the Card or the person in possession of the Card from time to time who has been gifted the Card by the purchaser.

In the first instance please use the quodos application to contact support.

For all queries in relation to

• lost or stolen cards
• queries or disputes relating to previous transactions
• to redeem the balance on your card

Our email Support Contact Details are:  info@quodos.com

* *quodos does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from your service provider that may result from our providing this service. It is your responsibility to check with your individual carrier, as standard messaging and data rates may apply. Any text messaging fees that you incur will be billed on your individual mobile provider bill.

2. Card

2.1 The use of the Card is subject to the terms of this Agreement as may be varied by us from time to time. By using the Application or the Service, you agree to enter into this Agreement with us. The current version of this Agreement is available on our Website and the quodos application. Purchase and or use of the Card constitutes your acceptance of the terms of this Agreement.

2.2 The Card will not be personalised; meaning the cardholder's name will not be printed on the Card. We will hold information about you, including your name, email, mobile device number and IP address, that will link the Card to you. We will assume, unless and until you tell us to the contrary, that the person who uses the Card at any time is the rightful user of the Card.

2.3 The Card will be available for use immediately on the date of purchase, once the card has been provisioned into your mobile phone wallet.

2.4 You may use the Card, in accordance with any instructions issued by us from time to time, until the Card balance reaches zero. The quodos card is reloadable. This means you can top up the card, at any time, during its active lifetime (subject to our minimum loading requirements). After a period of 5 years from date of issuance of the card, this Agreement will automatically terminate and your right to use the Card will cease.

2.5 For mobile based card redemption transactions the Card uses Tokenisation as a mechanism to protect sensitive card data.

3. Funds Protection & EML Terms

3.1 The Quodos Digital Gift Card is an electronic money product and is issued by EML Payments (EU) Limited. The terms and conditions of EML Payments (EU) Limited associated with the issuance and use of the Quodos Digital Gift Card are available at  https://assets.emlpayments.com/TermsAndConditions/quodosCHA.pdf  (the “EML Terms”) and are incorporated into this Agreement by reference and shall apply to your use of the Quodos Digital Gift Card. In the event of any conflicts between the below terms and the EML Terms in relation to matters associated with your use of the Quodos Digital Gift Card, then the EML Terms shall prevail. EML Payments (EU) Limited keeps all money exchanged for the quodos Digital Gift Card in a bank account which is separate and segregated from the assets of Chumly Giftcard Solutions Ltd. This means, in the unlikely event of CGS becoming insolvent your money is protected and will be available for return to cardholders.

3.2 The Irish Deposit Guarantee Scheme does not cover claims made in connection with the issuing of electronic money.

4. PROTECTING YOUR CARD

4.1 You must:

(a) treat the Card as if it were cash;

(b) never give your Card number or any other Card information to anyone unless you know who they are and why they need such information and;

(c) protect the Device by using the Device security tools (such as PIN or fingerprint protection).

5. USING YOUR CARD

5.1 The Card may only be used in Participating Retailers. The up to date list of Participating Retailers is available within the quodos app and on our Website. The list of Participating Retailers and how they accept the Card (in store, online or by phone) may change from time to time.

5.2 We will debit the amount of all Card Transactions to the Card, at the time that the Card Transaction takes place. You must not use the Card to spend more than the Card balance at any time. If you attempt to spend more than the Card balance your Card Transaction will be declined.

5.3 You cannot stop a Card Transaction after it has been authorised. You authorise a Card Transaction by following the instructions provided by the Participating Retailer, which may include:

1. holding the mobile Device near to a contactless reader, entering your passcode or using fingerprint authentication on the Device;
2. where requested to do so, signing a receipt for the relevant Card Transaction;
3. providing Card number and/or other details as requested.

The amount of the Card Transaction must be confirmed with the Participating Retailer at the time of authorisation.

5.4 We do not issue statements. You can view your Card balance at all times on the quodos app. You are responsible for monitoring your Card balance and for ensuring that there are always sufficient funds on the Card to pay for Card Transactions. The up to date Card balance and any recent Card Transactions will be available to view the same day. You can view your card transaction history on the quodos Application for such period we may decide from time to time.

5.5 If at any time you believe that a Card Transaction has been incorrectly debited to your Card you must notify us immediately via the quodos app and in any event within thirteen months of the date of the Card Transaction was debited to your Card. If requested, you must put your query in writing. We will investigate the Card Transaction and, if appropriate, reinstate the incorrectly debited amount on your Card on completion of our investigation unless we reasonably believe that you are responsible for the Card Transaction. For the avoidance of doubt, such investigation shall also be subject to the EML Terms.

5.6 If the amount of a Card Transaction which you wish to make using your Card is greater t han the available balance, you can pay the difference by any other payment method accepted by the Participating Retailer. The maximum spend in any single online transaction is €150.

5.7 Your Card will expire 5 years from date of issuance. You will see a ‘Valid Thru’ date on the front of your Card. This will be used as the expiry date when shopping online. If you have funds remaining on the Card at this Valid Thru date, please contact us. Please note that a monthly Inactive Balance Charge will be applied if any funds remain on your Card 36 months after its date of purchase. See Clause 6 below.

5.8 Neither CGS or EML payments will be liable for any defects in any goods or services paid for using the Card. Any queries or complaints about such goods or services should be addressed to the relevant Participating Retailer(s).

Fees and Charges

Fees

6.1 The amounts of fees and details of when they will be payable are set out in the table below. All fees will be debited directly to the Card as they arise.

Charges

Inactive Balance Charge

6.2 A monthly inactive balance charge of €3.00 (or the credit balance on the Card, if lower) will be charged after the Card has been in issue for 36 months. This charge will start to be applied from the following month and will continue until such time as the balance on the card is zero and this Agreement is terminated.

Fees and Charges Table

Category	Amount
Redemption Fee (this fee applies where you contact us to redeem the balance on the Card in accordance with Clauses 2.5 and 10).	Please refer to EML Terms and Conditions
Inactive Balance Charge (This charge will not be applied during the first 36 months following purchase of the Card. Thereafter, the charge will be applied monthly until such time as the balance on the Card is zero and this Agreement terminates)	€3 charge per month, or remaining balance on the Card if lower.

7. CHANGES

7.1 We reserve the right at all times to introduce new terms and/or to vary or amend an existing term (including, without limitation, change the existing fees or introduce new fees) by giving you at least two months’ notice thereof on the quodos website, via your quodos app or by whatever means we, in accordance with applicable legislation, deem appropriate at that time. You will be deemed to have accepted such revised Agreement, unless you tell us that you do not agree to the change prior to the change taking effect. In such circumstance, your rejection of the change shall be treated as notification that you wish to terminate this Agreement. We will refund the balance on your Card in accordance with the Clause 10 (Redemption) below. We reserve the right, at our sole discretion, to change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email.

8. RESTRICTIONS ON USE OF THE CARD

8.1 The following Card limits will apply:

• Minimum Load Amount €5
• Maximum Load Amount €150

The amount you pay onto the Card must be in multiples of €1.

8.2 The Card belongs to us. We may, at our reasonable discretion and without prior notice to you, restrict the use or operation of the Card in circumstances where:

• you are in breach of this Agreement
• we have reasonable grounds to suspect unauthorised use of the Card, fraud, theft or dishonesty; or
• we have any legal, regulatory or other objectively justifiable reason.

In such circumstances, we will be entitled to take such steps as we consider reasonably necessary to:

• block the use or operation of the Card;
• refuse to allow or authorise a Card Transaction;
• suspend, restrict or terminate your right to use the Card;
• withdraw the Card; or
• refuse to replace the Card.

Where we take any such steps, we will notify you and give our reasons for doing so as soon as we are permitted to do so. Where the Card is blocked, we will advise you as to how the block may be removed or will issue you with a replacement Card (if after our investigation we believe the relevant circumstances which described above no longer apply).

8.3 You must not use the Card:

1. after any notification of its withdrawal is given to you;
2. once the Card balance reaches zero;
3. as payment for any illegal purchase.

Restricted Transactions

9.1 The Card can be used for Card Transactions in Ireland only; the Card may not be used abroad.

9.2 The Card cannot be used in automated teller machines (“ATMs”) to obtain cash.

Redemption

10.1 You may request repayment of the remaining credit balance on the Card by emailing us at info@quodos.com and quoting your Card number. You must not use your Card after you ask us to repay the balance to you. In order to allow any outstanding Card Transactions to clear, we will refund the balance to you by bank transfer to your nominated bank account, minus any fees within seven Business Days of such a request. Any refund of the balance to you will only be made in euro. The Redemption Fee set out in Clause 6 will apply, except:

• During the Cancellation Period as set out in Clause 12.1;
• During the 12 months following the termination of this Agreement; or
• When you are cancelling your Card because you object to a change, we have made to this Agreement under Clause 7.1.

10.2 If you wish to redeem the balance you may be required to submit documentation to us for purposes of identification in accordance with our customer due diligence process.

10.3 If you received this Card from a corporation/business (including a third party), we reserve the right to notify the corporation/business of the redemption request.

10.4 If you received this Card as part of the Irish Governments annual Benefit in Kind allowance, we will not be able to process a refund directly to you as you or your employer may then be subject to a tax liability. You must speak to the person who gave it to you if you are looking for a refund.

11. THEFT, LOSS OR MISUSE OF CARD

11.1 You should treat the Card as if it were cash. If the Card is lost, stolen, damaged or fails to operate correctly or if the Card number becomes known/accessible to any unauthorised person (including if your Device is lost or stolen) you must immediately notify Customer Services (details below). You must quote the Card number; if you do not quote the Card number, we will not be able to cancel the Card or issue a replacement Card. If your notification is made orally it must be confirmed in writing within fourteen Business Days. Notification should be made to:

Chumly Giftcard Solutions Ltd

Email: info@quodos.com

11.2. Provided that you have not acted fraudulently or with gross negligence, you will remain liable for any debit to the Card arising from unauthorised use of the lost or stolen Card before you notify us in accordance with Clause 11.1, subject to a limit of €50. If you have acted fraudulently, or without reasonable care you may be liable for the entire loss. You will not be able to claim a refund for any unauthorised Card Transactions arising from use of a lost or stolen Card/Device where you notified us of such Card Transactions more than 13 months from the date the Card Transaction was debited to your Card.

11.3 Following notification under Clause 11.1, if there is a credit balance on the Card at the time the Card/Device is reported lost or stolen, we will, where appropriate for security reasons, cancel the original Card and will provide a replacement Card to you (with the appropriate credit loaded on to the replacement Card) via the quodos app. You will need your account login details to log into the quodos app and access your replacement Card. To allow for the processing of any pending Card Transactions, we will wait seven Business Days prior to issuing any replacement Card. A fee will be payable for any replacement Card in accordance with Clause 6 above; the amount of this fee will be deducted from the Card balance.

11.4 For the avoidance of doubt, the above matters shall also be subject to the EML Terms.

12. TERMINATION AND CANCELLATION

12.1 The purchaser of the Card has a right to cancel the Card and thereby this Agreement without reason and without being charged the Redemption Fee (as referred to in the Fees and Charges Clause 6) for a period of up to 14 days after the purchase of the Card (“Cancellation Period”). Note this right only applies to the purchaser of the Card. The purchaser can cancel by emailing info@quodos.com. This will not entitle the purchaser to a refund of any Card Transactions made up to the date that the purchaser notifies us of cancellation under this clause.

12.2 You can terminate this Agreement at any time by notifying us in writing.

12.3 We can terminate this Agreement for any reason by giving you at least 2 months’ notice on the quodos app or by whatever means we, in accordance with applicable legislation, deem appropriate at that time.

12.4 If your Card is cancelled or you have terminated this Agreement in accordance with this Clause 12, we will immediately block your Card so it cannot be used. Any funds remaining on your Card will be returned to you once all Card Transactions and all relevant fees (see the Fees and Charges Clause 6) have been processed. See Clause 10 (Redemption) which sets out how funds will be returned and further terms relating to the return of funds.

13. PARTICIPATING RETAILERS

13.1 It will be necessary in all cases for a Participating Retailer to obtain authorisation from us or our agents to honour the Card for a particular Card Transaction; this is to ensure that there are sufficient funds on the Card. We may refuse to authorise a Card Transaction at any time if there are insufficient funds on the Card.

13.2 A Participating Retailer may not be able to obtain authorisation from us in some circumstances (for example, if there is a problem with the phone line between the Participating Retailer’s premises and our authorisation centre). If this happens, we will not be responsible if you are unable to use the Card for a particular Card Transaction. Furthermore, we will not be liable for the refusal of any Participating Retailer to accept or honour the Card for any reason.

13.3 Refunds from Participating Retailers are a matter between you and the relevant Participating Retailer. If a Participating Retailer makes a refund back to your Card, we will credit the amount of any refund to the Card. If the Participating Retailer levies refund charges in respect of your refund, we will only credit the amount refunded by the Participating Retailer.

13.4 The list of Participating Retailers may change from time to time and retailers listed may withdraw from the programme at any time. A list of currently Participating Retailers is available on the Website.

14. DATA PROTECTION

14.1 By purchasing the Card and using it, you agree that we can use your personal data in accordance with Our Privacy Policy. Our Privacy Policy is set out on Our Website, and within the quodos app, it includes details of the personal data that we collect, how it will be used, and who we pass it to.

14.2 We collect and process personal data (such as name, address and e-mail address) when you purchase the Card online. We use this data to deliver the Card(s) to you or the person you have requested us to send the Card to. We may also collect such personal data when you contact us in order for us to assist with a query about the Card you hold or to process a Card redemption request.

14.3 In accordance with our Privacy Policy, we will only share your personal data with third parties and with other companies in the CGS group of companies in order to provide Card delivery or customer contact centre services on our behalf.

14.4 We will not use your personal data for marketing, unless, when you purchase your Card online (or such other time we contact you), you opt in to receiving marketing information. If you have provided such opt-in, we may from time to time contact you with details of products and services we think may be of interest to you. If you no longer want to receive such communications, please advise Customer Services.

14.5 You explicitly consent to us accessing, processing and retaining any information you provide to us for the purposes of the Service to you. This does not affect any rights and obligations you or we have under data protection legislation.

General

15.1 We will not be liable for any delay or failure in performing any of our obligations in respect of the Card, including without limitation any refunds resulting from incorrectly executed or unauthorised Card Transactions, where such delay or failure occurs because of any abnormal or unforeseeable circumstances beyond our reasonable control, the consequences of which could not have been avoidable despite our efforts to the contrary, or where such delay or failure arose because of our obligations under any applicable law.

15.2 The accounts and records kept by us or on our behalf shall, in the absence of an obvious error, constitute sufficient evidence of any facts or events relied upon by us in connection with any Card Transaction or matter or dealing in relation to the Card.

15.3 You agree that Regulation 96 of the European Union (Payment Services) Regulations 2018 shall not apply to this Agreement that we may rely on our records of the use of the Card as sufficient evidence that the Card Transaction was authorised by you or that you have failed in gross negligence to keep your Card safe.

15.4 We may disclose details of the Card to any person acting as its agent in connection with the use or issue of the Card.

15.5 This Agreement shall be governed by and interpreted in accordance with Irish law and is subject to the non-exclusive jurisdiction of the Irish courts. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If we wish to enforce any of our rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.

15.6 All communications under this Agreement will be in English.

15.7 We may record or monitor phone calls with you for training purposes, to enable instructions to be verified and to assess whether our service standards are being met.

16. COMPLAINTS

If you are not satisfied with any aspect of the service offered, please contact Customer Services via   info@quodos.com   or write to Customer Services at

Chumly Giftcard Solutions Ltd,
RDI Hub, Killarney Road,
Killorglin, V93KP68,
Co. Kerry.

They will be pleased to help and explain the complaints procedure in more detail. A copy of the Complaints Procedure is available upon request. We will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. In most cases we will provide a full response to your complaint within fifteen (15) Business Days after the day on which we receive your complaint. However, if we are not able to do so due to exceptional circumstances, we will provide you with a full response within thirty-five (35) Business Days, in which case we will inform you of the delay. If your complaint cannot be resolved, you may refer it to the Financial Services and Pensions Ombudsman (the “FSPO”). The FSPO provides a free, independent service which might be able to settle a complaint between you and us. You can contact the FSPO at

The Financial Services and Pensions Ombudsman,
3rd Floor, Lincoln House, Lincoln Place,
Dublin 2, D02 VH29
Email:   info@spo.ie
Phone: +353 (0)1 567 7000
Website: www.fspo.ie

If we have not been able to resolve your complaint to your satisfaction AND you have bought our product or services online:

The European Commission has established an online dispute resolution platform (ODR platform) which is specifically designed to help customers resident in the European Union who have been unable to resolve a complaint with traders established in the European Union from which they purchased goods or services online. You can submit your complaint online through the ODR platform in any of the official languages of the European Union. The platform will then send your complaint to the FSPO for an independent review within 90 days.

You can access the ODR platform here at  http://ec.europa.eu/odr

You will need:

• our email address:info@quodos.com; and
• our location: Chumly Giftcard Solutions Ltd, RDI Hub, Killarney Road, Killorglin, Co.Kerry, V93KP68, Ireland

17. ASSIGNMENT

You may not assign your rights under these User Terms without our prior written approval.

18. LIABILITY

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. While we will use reasonable endeavours to keep the Website and the Application and its contents correct and up to date, it does not guarantee that the contents of the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.

To the fullest extent permitted by law, we shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on our part.

We shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold CGS, its affiliates, its licensors, and each of their officers, directors, other users, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your violation or breach of any term of these User Terms your use or misuse of the Application or Service.

Without prejudice to the foregoing, and insofar as permitted under applicable laws, our aggregate liability to you at any time shall in no event exceed the current amount of the balance on your Card.

19. INVALIDITY OF ONE OR MORE PROVISIONS

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

20. NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these User Terms, will be in writing and given by us (i) via email (in each case to the address that you provide) or (ii) by posting to the Website or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

21. THIRD PARTY INTERACTIONS

During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links are unrelated to the Website, the Application and the Service and are beyond our control. A link to a third party’s website does not mean that we endorse it or that it is affiliated with us. We and our affiliates are not responsible or liable for any damage or loss related to the use of any third-party website.

During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links are unrelated to the Website, the Application and the Service and are beyond our control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. We are not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

22. APP STORE SOURCED APPLICATION & APPLICATION LICENCE

With respect to any Application accessed through or downloaded from an App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only as permitted by the "Usage Rules" set forth in the App Store Terms of Service. We reserve all rights in and to the Application not expressly granted to you under these User Terms.

Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Subject to your compliance with these User Terms, we grant you a limited non-exclusive, non-transferable licence to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

YOU SHALL NOT

1. licence, sub-licence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
2. modify or make derivative works based upon the Service or Application;
3. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
4. reverse engineer or access the Application in order to:
   • design or build a competitive product or service;
   • design or build a product using similar ideas, features, functions or graphics of the Service or Application; or
   • copy any ideas, features, functions or graphics of the Service or Application; and/or
   • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

YOU SHALL NOT:

• interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; and/or
• attempt to gain unauthorised access to the Website, the Application or Service or its related systems or networks.

We will have the right to investigate violations of any of the above to the fullest extent permitted by law. We may involve and co-operate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that we have no obligation to monitor your access to or use of the Website, Service, Application, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

23. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, Application and Service ("Feedback"). You may submit Feedback by emailing us, through the "Support" section of the Website and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all copyright and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.